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Category – Q&A (Question and Answer)
Q: My condominium association is considering implementing a new rule. They are unsure if the new rule can be applied retroactively to violators who broke the rule before it was enacted. If the board decides to enforce this rule, …
Q: At the recent annual meeting of our condominium association, the president asked at the end of the meeting if there was any “new business.” I raised my hand and made a motion to appoint a committee to audit …
Q: My condominium association board recently implemented a “no-smoking” policy after receiving numerous complaints about second-hand smoke. Several residents continue to smoke in their unit and on their balcony, insisting they have the right to do so in their …
Q: I have a question on people moving into a “55 Plus Park” at age 55 or older. Can I later give the home to a younger relative with children? (G.A., via e-mail)
A: The federal …
Q: Our board is seeking clarification on the “single family” use restriction stated in our declaration of condominium. The term is not clearly defined in our documents, and we would like guidance on how to interpret this clause when …
Q: I recently read your article about the recent amendments to the statute on fining in homeowners’ associations and have a question. Does the 14-day notice need to be sent by certified mail? (A.G., via e-mail)
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Q: We recently received an e-mail from our management company regarding the filing requirements of the Corporate Transparency Act. This is the first I’ve ever heard of it. Can you explain what this is? (M.M., via e-mail)
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Q: What is the “DBPR” and does it have authority over homeowners’ associations? (C.S., via e-mail)
A: The Florida Department of Business and Professional Regulation is an executive branch state agency in Florida. Its secretary is …
Q: Am I entitled to ask questions or speak at association meetings if I am attending remotely via an online platform? The application used by my condominium association does not provide a way to ask questions, and I am worried …
Q: A member of our condominium association board recently resigned, unexpectedly, part way through the first year of their two-year term. According to our bylaws, a board member appointed to fill a vacancy serves until the next scheduled election. …
Q: What rights does a condominium association have when dealing with an abandoned unit, and under what circumstances can it go into the unit? (K.Y., via e-mail)
A: Section 718.111(5)(b) of the Florida Condominium Act provides that even …
Q: Recently, the board of our homeowners’ association amended the community rules without filing the updated document with the county clerk. They only noted the change on our website. Can the board enforce a rule change that wasn’t officially recorded? …
